### 33450 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices

1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. **DEPARTMENT OF ENERGY**

**Office of Energy Efficiency and Renewable Energy** 

**[Case No. DW–008]**

**Notice of Petition for Waiver of BSH Corporation From the Department of**  **Energy Residential Dishwasher Test Procedure, and Grant of Interim Waiver** 

**AGENCY :**  Office of Energy Efficiency and Renewable Energy, Department of Energy.

**ACTION :**  Notice of petition for waiver, notice of grant of interim waiver, and request for comments.

**SUMMARY :**  This notice announces receipt of and publishes the BSH Corporation (BSH) petition for waiver (hereafter, ‘‘petition’’) from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of dishwashers. Today’s notice also grants an interim waiver of the dishwasher test procedure. Through this notice, DOE also solicits comments with respect to the BSH petition.

**DATES :**  DOE will accept comments, data, and information with respect to the BSH petition until July 6, 2012.

**ADDRESSES :**  You may submit comments, identified by case number DW–008, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• Email:

AS

_ Waiver

_Requests@ee.doe.gov.

Include ‘‘Case No. DW–008’’ in the subject line of the message.

• Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, Petition for Waiver Case No. DW–008, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. Please submit one signed original paper copy.

• Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy.

Docket: For access to the docket to review the background documents relevant to this matter, you may visit the U.S. Department of Energy, 950 L’Enfant Plaza SW., Washington, DC 20024; (202) 586–2945, between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. Available documents include the following items: (1) This notice; (2) public comments received; (3) the petition for waiver and application for interim waiver; and (4) prior DOE waivers and rulemakings regarding similar dishwasher products.

Please call Ms. Brenda Edwards at the above telephone number for additional

information.

**FOR FURTHER INFORMATION CONTACT :**  Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–0371. Email: Bryan.Berringer@ee.doe.gov.

Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585–0103. Telephone: (202) 586–7796. Email: Elizabeth.Kohl@hq.doe.gov.

**SUPPLEMENTARY INFORMATION :** 
I. Background and Authority

Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6291– 6309, as codified) established the Energy Conservation Program for

Consumer Products Other Than Automobiles, a program covering most major household appliances, which

includes dishwashers. 1 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is contained in 10 CFR part 430, subpart B, appendix

C.The regulations set forth in 10 CFR 430.27 contain provisions that enable a person to seek a waiver from the test procedure requirements for covered consumer products. A waiver will be granted by the Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) if it is

determined that the basic model for which the petition for waiver was submitted contains one or more design characteristics that prevents testing of the basic model according to the prescribed test procedures, or if the prescribed test procedures may evaluate

the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(l).

Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. The Assistant Secretary may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m).

The waiver process also allows the Assistant Secretary to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 10 CFR 430.27(a)(2) An interim waiver must be granted if it is determined that the applicant will experience economic hardship if the application for interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary

determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. (10 CFR 430.27(g)) An interim waiver remains in effect for 180 days or until

DOE issues its determination on the petition for waiver, whichever is sooner. DOE may extend an interim waiver for an additional 180 days. 10 CFR 430.27(h)

II. Application for Interim Waiver and

Petition for Waiver

On March 27, 2012, BSH submitted the instant petition for waiver and interim waiver from the test procedure applicable to dishwashers set forth in 10 CFR part 430, subpart B, appendix C. In every respect except the introduction of new model numbers, the instant petition is identical to petitions submitted by BSH on February 4, 2011 and December 7, 2011. DOE granted the February 4th petition on June 29, 2011 (76 FR 38144). DOE granted an interim

waiver to BSH for the model numbers specified in the December 7th petition and published that petition for comment on April 2, 2012 (77 FR 19650).

BSH states that ‘‘hard’’ water can

reduce customer satisfaction with dishwasher performance resulting in increased pre-rinsing and/or hand washing as well as increased detergent and rinse agent usage. According to BSH, a dishwasher equipped with a water softener will minimize pre-rinsing and rewashing, and consumers will have less reason to periodically run their dishwasher through a clean-up cycle. BSH also states that the amount


### 33451 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices

of water consumed by the regeneration operation of a water softener in a dishwasher is very small, but that it varies significantly depending on the adjustment of the softener. The regeneration operation takes place infrequently, and the frequency is

related to the level of water hardness.

For the reasons discussed in previous waivers granted to Whirlpool and BSH,

DOE has determined that constant

values should be used to estimate the energy and water use due to softener regeneration. In its petition, BSH requests that constant values of 47.6 gallons per year for water consumption and 8.0 kWh per year for energy consumption be used. BSH included calculations showing this water and energy use, which was derived using the same method as that used by Whirlpool in its petition for waiver, which was granted by DOE. (75 FR 62127, Oct. 7, 2010).

DOE has determined that BSH’s application for interim waiver does not provide sufficient market, equipment price, shipments, and other manufacturer impact information to permit DOE to evaluate the economic hardship BSH might experience absent

a favorable determination on its application for interim waiver. DOE has also determined, however, that it is likely BSH’s petition will be granted, and that it is desirable for public policy reasons to grant BSH relief pending a determination on the petition. Based on the information provided by BSH and Whirlpool, use of the DOE test procedure may provide materially inaccurate comparative data. In addition, the constant values submitted by BSH provide a reasonable estimate of the energy and water used during water softener regeneration for the basic model set forth in this petition and BSH’s previous petition.

Based on these considerations, and the waivers granted to BSH and Whirlpool for similar models, it appears likely that the petition for waiver will be granted. DOE also believes that the energy efficiency of similar products

should be tested and rated in the same manner. As a result, DOE grants BSH’s application for interim waiver for the basic models of dishwashers specified in its petition for waiver, pursuant to 10 CFR 430.27(g). Therefore, it is ordered

that:

The application for interim waiver filed by BSH is hereby granted for the specified BSH dishwasher basic models, subject to the specifications and

conditions below.

BSH shall be required to test and rate the specified dishwasher products according to the alternate test procedure as set forth in section III, ‘‘Alternate Test

Procedure.’’

The interim waiver applies to the following basic model groups:

Bosch brand:

• Basic Model—SHX5ER##

DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. BSH may submit a subsequent petition for waiver and request for grant of interim waiver, as appropriate, for additional models of

clothes washers for which it seeks a waiver from the DOE test procedure. In addition, DOE notes that grant of an

interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429.

III. Alternate Test Procedure

EPCA requires that manufacturers use DOE test procedures to make representations about the energy consumption and energy consumption costs of products covered by the statute. (42 U.S.C. 6293(c)) Consistent representations are important for manufacturers to use in making representations about the energy efficiency of their products and to demonstrate compliance with applicable DOE energy conservation standards. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 430.27, DOE will consider setting an alternate test procedure for BSH in a subsequent Decision and

Order.

During the period of the interim waiver granted in this notice, BSH shall

test its dishwasher basic models according to the existing DOE test procedure at 10 CFR part 430, subpart B, appendix C with the modification set

forth below.

Under appendix C, the water energy consumption, W or Wg, is calculated based on the water consumption as set

forth in Sect. 4.3:

§ 4.3 Water consumption. Measure the water consumption, V, expressed as the number of gallons of water delivered to the machine during the entire test cycle, using a water meter as specified in section 3.3 of this Appendix.

Where the regeneration of the water softener depends on demand and water hardness, and does not take place on every cycle, BSH shall measure the water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration. If a regeneration operation takes place within the test, the water consumed by the regeneration operation shall be disregarded when declaring water and energy consumption. Constant values of 47.6 gallons/year of water and 8 kWh/year of energy shall be added to the values measured by appendix C.

IV. Summary and Request for

Comments

Through today’s notice, DOE announces receipt of BSH’s petition for waiver from certain parts of the test procedure that apply to dishwashers and grants an interim waiver. DOE is publishing BSH’s petition for waiver in its entirety. The petition contains no confidential information. The petition includes a suggested alternate test procedure which is to measure the water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration.

DOE solicits comments from interested parties on all aspects of the petition. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting

written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is Mike Edwards, Senior Engineer, Performance and Consumption, BSH Home Appliances Corporation (FNbG), 100 Bosch Blvd., Building 102, New Bern, NC 28562–

6924. All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American

Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes).

Issued in Washington, DC, on May 24,

2012. Timothy Unruh,

Acting Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.

March 27, 2012 The Honorable Dr. Henry C. Kelly, Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy, Mail Station EE–10, 1000 Independence Avenue SW., Washington, DC 20585, Via email (henry.kelly@ee.doe.gov ) and overnight mail Re: Petition for Waiver and Application for Interim Waiver concerning the


### 33452 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices

measurement of water and energy used in the water softening regeneration process of Dishwashers having an Integrated

Water Softener
Dear Assistant Secretary Kelly: BSH Home Appliance Corporation (‘‘BSH’’) hereby submits this Petition for Waiver and Application for Interim Waiver pursuant to 10 CFR 430.27, concerning the test procedure for measuring energy consumption of Dishwashers.

BSH is the manufacturer of household appliances bearing the brand names of Bosch, Thermador, and Gaggenau. Its appliances include dishwashers, washing machines, clothes dryers, refrigerator-freezers, ovens, and microwave ovens, and are sold worldwide, including in the United States. BSH’s United States operations are headquartered in Irvine, California. BSH’s appliances are produced in the United States and Germany.

10 CFR 430.27(a)(1) provides that any interested person may submit a petition to waive for a particular basic model any requirement of Section 430.23, or of any appendix to this subpart, upon grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics, or water consumption characteristics as to provide materially inaccurate comparative data. Additionally, 10 CFR 430.27(b)(2) allows any applicant of a Petition of Waiver to also request an Interim

Waiver if it can be demonstrated the likely success of the Petition for Waiver, while addressing the economic hardship and/or competitive disadvantage that is likely to result absent a favorable determination on the Application for

Interim Waiver.

This request for Waiver is directed to Dishwashers containing a built-in or integrated water softener, specifically addressing the energy and water used in the regeneration process of the integrated water softener. This request is

identical to Waiver Case Number DW– 005 (and a pending waiver) previously granted to BSH Home Appliance Corporation with the only modification being to add additional model numbers. Further, the water softening technology

used in these models is identical to the models that were previously approved.

Based on the reasoning indicated herein, BSH submits that the testing of Dishwashers equipped with a water

softener under the current DOE test procedure may lead to information that could be considered misleading to

consumers.

1. Identification of Basic Models.
The Dishwasher models manufactured by BSH which contain an integrated water softener and were not included in previous Waiver applications is as follows:

Bosch brand:

• Basic Model—SHX5ER## 2. Background The design characteristic that is unique among the above listed models is an integrated water softener. The primary function of a water softener is to reduce the high mineral content of

‘‘hard’’ water. Hard water reduces the effectiveness of detergents leading to additional detergent usage. Hard water also causes increased water spots on dishware, resulting in the need to use

more rinse aid to counterbalance this

effect. ‘‘Hard’’ water can reduce

customer satisfaction with Dishwasherperformance resulting in increased prerinsing and/or hand washing as well as increased detergent and rinse agent

usage.

The water softening process requires water usage for both the regeneration process and to flush the system. For purposes of this Waiver request, the term ‘‘regeneration’’ will include the water and energy used in both the flushing and regeneration process of the

water softener. The water used in the regeneration process is in addition to the water used in the dish washing process. The water used in the regeneration process does not occur

with each use of the Dishwasher. The frequency of the regeneration process is dependent upon an adjustable water softener setting that is controlled by the end user, and based on the home water hardness. Regeneration frequency will vary greatly depending upon the customer setting of the water softener. Data from the U.S. Geological Survey

shows considerable variation in the

water hardness within the U.S. and for many locations the use of a water softener is not necessary. Water hardness varies throughout the U.S. with the mean hardness of 217 mg/liter or 12.6 grains/gallon (based on information provided by the U.S. Geological Survey located at http://water.usgs.gov/owq/hardnessalkalinity.html).

Calculations

Water Use

• Based on the DOE Energy Test for Dishwashers, the BSH Dishwashers

listed in this waiver with an internal water softener use an average of 6.65 liters of water per dish cleaning cycle. • Based on an average U.S. water hardness of 12.6 grains/gallon, the

internal BSH Dishwasher water softener system would be set on ‘‘4’’.

• Based on a BSH Dishwasher internal water softening system setting of ‘‘4’’ and the dishwasher using 6.65 liters of water per run, the water regeneration process would occur every 6th cycle.

• When using the Dishwasher 215 times per year (per DOE test procedure), the regeneration process would occur 35.8 times (36).

• The internal BSH water softening system uses 4.97 liters (5.0) per regeneration cycle.

• Water usage calculation based on

above data.

Æ 36 × 5 = 180 liters per year (47.6 gallons) or .84 liters (.22 gallons) each

time the dishwasher is used.

Energy Used in kWh

• Formula W = V × T × K

Æ V = Weighted Average Water Usage per DOE

Æ T = Nominal water heater temperature rise of 39 ° C

Æ K = Specific heat of water 0.00115

• Calculated Energy use—180 × 39 × .00115 = 8.0 kWh/yr

Summary

• A Dishwasher built by BSH with an integrated water softener in a home with a 12.6 grain per gallon water hardness would be cycled through the water softening regeneration process approximately every 6 dish cleaning cycles. When the water used in the water softener regeneration process is apportioned evenly over all dishwasher runs, the amount of energy and water usage per cycle is very low. Based on the assumptions provided, BSH estimates the typical water used in the

internal Dishwasher water softener regeneration process at .84 liters (.22 gallons) per use; furthermore, using about 8.0 kWh per year to heat this

water in the home hot water heater.

Note: Contrary to current DOE direction, in BSH’s opinion the water used in the Water Softening regeneration process has the separate and distinct purpose of softening water

and we do not feel that this water and energy should be included in the energy usage figures for washing dishes. EN

50242 does not include the water or energy used in the water softening process in the dishwasher energy consumption calculation and BSH would suggest adopting a similar approach as used in EN50242 when the test procedure is updated.

3. Requirements sought to be waived Dishwashers are subjected to test methods outlined in 10 CFR Part 430,


### 33453 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices

Subpart B, App. C, Section 4.3, which specifies the method for the water energy calculation.

• To stay consistent with the recently approved Dishwasher waivers for units with a water softener, BSH is requesting approval to estimate the water and energy used in the water softening process based on the design of the BSH

Dishwasher and the calculations and assumptions outlined above.

4. Grounds for Waiver and Interim

Waiver

10 CFR 430.27(a)(1) provides that a Petition to waive a requirement of 430.23 may be submitted upon grounds

that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data.

If a water softener regeneration process was to occur while running an energy test, the water usage would be overstated. In this case, the water energy usage would be unrepresentative of the product providing inaccurate data resulting in a competitive disadvantage

to BSH.

Granting of an Interim Waiver in this case is justified since the prescribed test procedures would potentially evaluate

the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. In addition, a similar

Interim Waiver and Waiver have previously been granted to BSH.

5. Manufacturers of Similar Products

and Affected Manufacturers

Web based research shows that at

least two other manufacturers are currently selling dishwashers with an integrated water softener, Miele Inc. and Whirlpool Corporation (Waiver Granted).

Manufacturers selling dishwashers in the United States include AGA Marvel, Arcelik A.S., ASKO Appliances, Inc., Electrolux North America, Inc., Fagor America, Inc., Fisher & Paykel Appliances, GE Appliances and Lighting, Haier America, Indesit Company Sa, Kuppersbusch USA, LG Electronics USA, Miele, Inc., Samsung Electronics Co., Viking Range Corporation and Whirlpool Corporation.

BSH will notify all companies listed above (as well as AHAM), as required by the Department’s rules, providing them with a copy of this Petition for Waiver

and Interim Waiver.

6. Conclusion BSH Home Appliances Corporation hereby requests approval of the Waiver petition and Interim Waiver. By granting said Waivers the Department of Energy will further ensure that water energy is measured in the same way by all

Dishwasher Manufacturer’s that have a integrated water softener. Further, BSH would request that these Waivers be in good standing until such time that the test procedure can be formally modified to account for integrated water

softeners.

BSH Home Appliances certifies that

all manufacturers of domestic

Dishwashers as listed above have been notified by letter. Copies of these

notifications are attached.

With Best Regards,

Mike Edwards Senior Engineer, Performance and Consumption, BSH Home Appliances Corporation (FNbG), 100 Bosch Blvd., Building 102, New Bern, NC 28562–6924, mike.edwards@bshg.com, www.boschappliances.com, Phone (252) 636 4334, Fax (252) 636 4450

[FR Doc. 2012–13618 Filed 6–5–12; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF ENERGY**

**U.S. Energy Information**

**Administration**

**Agency Information Collection**

**Extension**

**AGENCY :**  U.S. Energy Information Administration (EIA), Department of Energy.

**ACTION :**  Notice and Request for

Comments.

**SUMMARY :**  The EIA invites public comment on the proposed collection of information involving a three-year extension of the following Oil and Gas Reserves System Survey Forms that EIA is developing for submission to the Office of Management and Budget (OMB) pursuant to the Paperwork

Reduction Act of 1995: Form EIA–23L Annual Survey of Domestic Oil and Gas Reserves, Field Level Report; Form EIA–

23S Annual Survey of Domestic Oil and Gas Reserves, Summary Level Report;

and Form EIA–64A Annual Report of the Origin of Natural Gas Liquids.

Comments are invited on: (a) Whether the proposed extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the

burden of the collection of information on respondents, including through the use of automated collection techniques

or other forms of information technology.

**DATES :**  Comments must be filed by August 6, 2012. If you anticipate difficulty in submitting comments within that period, contact the person

listed in the below **ADDRESSES** Section as soon as possible.

**ADDRESSES :**  Written comments may be sent to Mr. Steven Grape, EI–24 U. S. Department of Energy, 1000 Independence Avenue SW., Washington DC 20585, or by fax at (202) 586–4420, or by email at steven.grape@eia.gov.

**FOR FURTHER INFORMATION CONTACT :**  Requests for additional information or copies of the information collection

instrument and instructions should be directed to Mr. Grape, as listed above.

**SUPPLEMENTARY INFORMATION :**  This information collection request contains:

(1) OMB No. 1905–0057; (2) Information Collection Request

Title: Oil and Gas Reserves System;

(3) Type of Request: Extension, without change, of the currently approved Form EIA–23L, Form EIA– 23S, and Form EIA–64A;

(4) Purpose: In response to Section 657 of the Department of Energy Organization Act of 1977, Public Law 95–91, estimates of U.S. oil and gas reserves are to be reported annually. Many U. S. government agencies have an interest in the definitions of proved oil and gas reserves and the quality, reliability, and usefulness of estimates of reserves. The U.S. Energy Information Administration (EIA), Department of Energy has a congressional mandate to provide accurate annual estimates of U.S. proved crude oil, natural gas, and natural gas liquids reserves, and EIA presents annual reserves data in EIA Web reports to meet this requirement.

The Government also uses the resulting information to develop national and regional estimates of proved reserves of domestic crude oil, natural gas, and natural gas liquids to facilitate national energy policy

decisions. These estimates are essential to the development, implementation, and evaluation of energy policy and legislation. Data are used directly in EIA Web reports concerning U.S. crude oil, natural gas, and natural gas liquids reserves and are incorporated into a number of other Web reports and analyses. Secondary reports that use the

data include EIA’s Annual Energy Review, Annual Energy Outlook,